Anonymous

Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"

From Clicklaw Wikibooks
no edit summary
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 12, 2020}}
{{REVIEWED LSLAP | date= July 18, 2021}}
{{LSLAP Manual TOC|expanded = ICBC}}
{{LSLAP Manual TOC|expanded = ICBC}}
{{LSLAP 12 Old System Notice}}
{{LSLAP 12 Old System Notice}}
Line 92: Line 92:
The B.C. plaintiff must obtain an order for service outside B.C. if the facts of the claim do not fall within one of the recognized categories listed in s 10 of ''CJPTA''.
The B.C. plaintiff must obtain an order for service outside B.C. if the facts of the claim do not fall within one of the recognized categories listed in s 10 of ''CJPTA''.


==VII. IMPENDING CHANGES TO ICBC AUTO INSURANCE==
====A. NEW ENHANCED CARE COVERAGE====
On May 1, 2021, ICBC will be implementing its new Enhanced Care Coverage. The goals of the upcoming changes are:
• To reduce legal expenses and manage the increasing costs of injury claims
• Increasing benefits available to customers who are injured in a crash
• Setting a limit on pain and suffering payouts for minor injuries
• Introducing new independent claims dispute resolution process for minor injury claims through the Civil Resolution Tribunal
See [https://www.icbc.com/about-icbc/company-info/Documents/service-plan-2020-2023.pdf?fbclid=IwAR2NQTHCfH_uDtCn5hTpbKM1TeWVxv39JxzGdYag8dV9QGdO3pev_OWAq1k ICBC New Enhanced Care Coverage] for more information.
====B. CHANGING TO A FULL “NO-FAULT” INSURANCE MODEL====
ICBC aims to decrease the amount of its legal expense by removing the adversarial approach of suing the driver-at-fault for the accident. After implementation of the New Enhanced Care Coverage, in most cases, drivers will not be able to file a lawsuit for damages against the other driver involved in the accident. Instead, drivers will be paid directly by ICBC.
However, the exceptions are that drivers will still be able to sue the other party if the other party is also convicted of a criminal offence in relation to the accident. In addition, drivers will still retain the ability to sue vehicle and vehicle parts manufacturers in relation to accidents.
Even though ICBC is transitioning to an almost full “no-fault” system, fault will still be determined in an accident for the sole purpose of increasing the at-fault party’s insurance premium.
====C. CHANGES TO PREMIUMS====
ICBC is proposing an annual decrease of 20% or around $400 to the premium rate once the New Enhanced Care Coverage is implemented.
====D. CHANGES TO BENEFITS====
ICBC claims that with implementation of the New Enhanced Care Coverage, the injured parties will be able to receive their recovery benefits and wage loss faster. This will be due to the fact that legal action will be limited in the ICBC process. As a result, the injured parties will not have to wait years for their legal claim to be settled in order to receive that lump sum settlement.
ICBC is also increasing the maximum care and recovery allowance from the current $300,000 to $7,500,000. Treatments such as physiotherapy, occupational therapy, chiropractic, massage, dental care, counselling, and medical equipment will still be covered in the New Enhanced Care Coverage. This care coverage will apply regardless of whether the driver is responsible for at-fault for the particular accident.
See https://2021.icbc.com/more-care#everyone for more information regarding care coverage.


{{LSLAP Manual Navbox|type=chapters8-14}}
{{LSLAP Manual Navbox|type=chapters8-14}}
5,109

edits